- 3 - proceeding. The property was needed to widen and improve Route 355 in Gaithersburg, Maryland. In Wilson I, we held that of the $62,937 condemnation award received by petitioners, $34,618 is allocable to prejudgment interest. Furthermore, petitioners conceded that $1,333 of the $62,937 is taxable as postjudgment interest income. In 1989, petitioners paid $26,341 for attorney's fees incurred in connection with the condemnation proceedings. Petitioners did not claim the expenses on their 1989 return, since they believed the fees were not deductible because they were attributable to a condemnation award eligible for nonrecognition of gain pursuant to section 1033. Respondent determined in the notice of deficiency for 1989 that petitioners had unreported dividend income of $1,677. However, on brief, respondent conceded that for 1989 petitioners had unreported dividend income of only $573. In Wilson I, we found that for 1989, petitioners received a $2,105 dividend distribution from the T. Rowe Price stock fund (stock fund), which they failed to report on their 1989 income tax return. In 1989, petitioners received $27,206 on the sale of the stock fund. Petitioners did not report the sale on their 1989 tax return. Respondent determined in the notice of deficiency for 1989 that petitioners had a $29,904 unreported capital gain. However, the notice of deficiency failed to give petitioners credit for their basis in the stock fund. On brief, respondentPage: Previous 1 2 3 4 5 6 7 8 Next
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